Monday, August 16, 2010

Amanuensis Monday - William Wayt's Will

Over at Transylvanian Dutch John Newmark has a weekly blogging theme of Amanuensis Monday. I thought that this posting today would fall into that category. What is an Amanuensis you ask?

Amanuensis: A person employed to write what another dictates or to copy what has been written by another.

The following is the will of my 4 great-grandfather, William Wayt. I transcribed this will years ago when I had a Geocities website (who remembers geocities? Yeah I know about reocities and will blog about that later). But NOW that I have a handy-dandy digital camera, I can take a picture of the will in addition to just transcribing it!

The thing that I find fascinating about this will is that I have never.....NEVER found that it has even been probated in Green County, Virginia. So that begs the question, "what was it doing in my grandmother's stuff?" I could understand if it had been probated that my 3 great-grandmother would have gotten a copy to show why she was receiving what she received. But since it was never formally entered into court or probated how did we end up with it? All well, those are questions for another day. On to the transcribing:

I William Wayt of Green County State of Virginia of sound mind & memory, but weak in body knowing the uncertanty of life - do make & publish this my last will & testament hereby revoking and annuling all other wills which I have made. I give my body to God who gave me existance trusting in the merits of a crucified saviour for the pardon of my sins. My worldly goods which a wise & mercifull giver has bestowed upon me I dispose of in manner & form following.

Item 1/ I lend to my daughter Margarett the following slaves - Willis - Rachael - Servina & Tamer which she has recd. I also lend to my sd daughter the sum of Eight hundred dollars which is to be for her own benefit during her life & after her death I give sd slaves & money to her children to be equally divided among them.
now read page 2 & 3 3 & 4

Item 2 / I lend to my daughter Nancy (Subject to the limitations herein after provided) The tract of land purchased by me of John Ball containing about one hundred & twenty three acres. Also the following slaves. Aron, Henry & America together with the sum of two hundred dollars and the house hold & kitchen furniture & stock now in the possession of my sd daughter. The household & kitchen furniture to remain as it now is during the lifetime of my sd daughter (& also the lifetime of my son in law Willis White) and at the death of my sd daughter. I give sd land & slaves & money (and also the other property at the death of my son in law) to be equally divided among thare {sic} children and for the purpose of more more effectually to secure this my interest on as to the bequest to my sd daughter. I do hereby constitute & appoint my executors herein after named to act jointly or seperately as trustees to hold & to manage sd land slaves & money & property in such manner as they or either of them may deem most advisable at the death of my sd daughter it is my desire & I do vest in my executors full power & authority to sell the land & divide the proceeds among my three grand children. The slaves to be valued by disinterested persons & drawn for or divided in any equctable? way also among them.

Item / I lend to my son John the following slaves George Winna & Eve which he has recd. Also Lewis Dicy Willis & Nelly & at the death of my sd son I give sd slaves to be equally divided among his children in such manner as he may deem most advisable. I also lend to my sd son the sum of fifty dollars.

Item / I lend to my friend Wm C. Gibs the slave Richd now in his possession & at the death of sd Wm C. Gibbs. I give sd slave to my grandson Wm W. Gibbs.

Item / I lend to my grandson W. W. Gibbs the following slaves Charlotte Amilia George Dick & John and at his death I give sd slaves to his children to be equally divided among them. I also lend my sd grandson the sum of fifty dollars.

Item / I give to my grandson Wm F. Twyman the value of a good cow to be paid by my executors.
Item / I give to my grandson Wm W. White my shotgun & pouch.
Item / I give to my grandson Richd White my best saddle & bridle.
Item / I give to my grandson Newton Wayt the value of a good cow as per Wm F. Twyman.
Item / I give to Susan Lang the sum of one hundred dollars.
Item / I will & desire my executors herein after named may have a good raling or paling put around the old graveyard at the old plantation (now my son Johns & pay for the same out of my estate so that the same may be preserved as a burying place for my family, relations & friends.
Read on lower half of page 1 & page 2

Item / It is my will & desire that my son John shall have the tract of land on which I reside ( the same being about two hundred & thirty nine acres) on the following terms. The sum of seven dollars & fifty cents per acre. One third of which is to be a hand payment. The remainder in one & two years. Making each payment $59750. I do vest in my sd executors title to the above land in the condition named. I will & desire my exers herein after named to sell at public auction on a credit of nine months all my personal property as soon after my decease as they may think most advisable & out of the proceeds of such sale (and my land to my son as above mentioned) pay all my just debts & funeral expences & them the foregoing specific legacees and the balance which may then remain in the hands of my sd exec. (They collecting all debts due me) I will & desire shall be equally divided between my two daughters, son John & grandson Wm W. Gibbs. The share of my sd daughter Nancy subject to the limitations & restrictions herein before provided.

Item / It is my will & desire that my young slaves not included in the foregoing devises together with any which may hereafter be born while in my possession on shall be valued by three disinterested persons & that my three children & grandson draw for the same or pay to each other as may best suit so that all may remain in my family on the conditions mentioned in the foregoing will.

Lastly, I nominate & appoint my son John & my worthy friend George Stephens Executors of this my last will & testament. In witness whereof I have hereunto set my hand & affexed my seal this 8th day of July 1843.
The above will William Wayt
was acknowledged in
our presence Thos S. ThorntonE I Williams True Coppy Jno Graves